I need to leave my husband and he had threatened to take my son if I ever try to leave. I have no family or friends. No where to leave to in town.
If there is no court order in place restricting your residence you can move. However, your spouse could file a motion requesting you move back because it is not in the best interest of the child to be moved. But, you get to also counter his argument that it is in the best interest of the child.... Read more »
I found out that all of the documents were filed in the wrong county by the process server company. I was then told that all of the documentation needs to be reserved to the defendant to then be filed in the correct county. Can I just get the original documents e-filed in correct county?
Yes but you will need to nonsuit the case you filed in wrong county before the respondent (defendant) files something against you in that case, for example, asking for attorney’s fees for having to deal with a case in a county with no jurisdiction.
I have a temp. child support order because my divorce isn't finalized. Custodial parent makes almost double income than me, yet I'm paying 25% for 2 children. I live in Idaho and in Idaho a non-custodial has the right to claim the children if he/she is current on child support.
The IRS rule is that whoever has the children more than 50% of the time, can claim the children on tax returns. That’s a federal law. And although I don’t practice law in Idaho, respectfully, I highly doubt they would have a law that contradicts IRS rules. Claiming children on tax returns is a... Read more »
What do i do
Thanks for your question! I would reach out to a family law attorney in your area (I didn't see a city listed on your question) so the attorney can review the final order with you and learn more about the facts surrounding your situation.
It sounds like you are wanting to modify the... Read more »
My original child support order was created in 2009 and supposedly expired in 2011 from what I am being told. However, I continued to pay from 2009 to current through our registry only account until recently when my daughter’s mom requested a modification. I have since agreed to the new amount... Read more »
Thanks for your question! It sounds like it'd be helpful to reach out to a local, family law attorney in the area (New Braunfels) so they can learn more about the facts in this current matter and also review the original child support order from 2009.
How did you agree to a new,... Read more »
Had a conference to adjust child support payments and custodial parent agreed to end payments. Judge said it's a private attorney matter. Does this just involve putting this in writing with an attorney or what are the steps?
You will need an order of termination signed by Judge.
Here are some options:
1. Research how to get this done on your own.
2. Contact the attorney general to see if they will help.
3. Hire an attorney to complete the process.
Please note that although the... Read more »
My child goes to school in the district i reside in, I have my child more days out of the week than he does. He’s decided not to help me financially anymore. He’s going to try an fight for joint custody and not pay child support. What do I need to do
Hello, thanks for your question!
I would suggest that you reach out to a Houston-area family law attorney as soon as possible. The attorney can review the final order and learn more about the facts surrounding your situation.
If your husband does follow through and attempt to... Read more »
The non custodial parent lives in New York and just visited the kids this year after being away since January 2020. The other parent refuses to co-parent with me and chooses to speak with my toxic family members. Just recently on March 10, he lied to a family member and it resulted in a false CPS... Read more »
You should hire an experienced family law attorney.
The issues you outline will require some knowledge and experience with the law and procedure in order to be done correctly.
I recently got married and my husband has 2 children that live full time in Texas with their mother, he lives in Idaho currently. They originally had a custody agreement that gave him every second Saturday but since moving he has not been able to reach her at all to inquire about the kids or try... Read more »
Hello, thanks for your question and congratulations on the recent marriage! I am licensed in Texas, so I just want to state upfront that I am unsure of Idaho laws.
One important question to ask is where was the custody agreement signed/completed? From your comment, I would guess Idaho?... Read more »
My ex wife signed over a poa to my current wife with no expiration date. My ex wife is going through an emotional break down and wants the kids back even though she is currently moving from hotel to hotel
To the extent that the Power of Attorney conflicts with a Court Order, the Court Order controls.
My daughter (14) moved in with me Jan 7th of 2020 due to her mother not being steady or able to provide basic needs. Her mother packed her stuff and gave her to me (i have video). I filed all requested paperwork that the state asked but now it's in limbo because the CP makes excuses to why... Read more »
Thanks for your question!
Yes, I understand that finances are tight, but it would be in your best interests to reach out to a family law attorney in your area as soon as possible so they attorney can review the prior order with you and learn more about the fact surrounding the case.... Read more »
I have child support court coming up in April. For a modification
Thanks for your question! I would strongly recommend that you reach out to a family law attorney in your area as soon as possible so the attorney can review the previous final order with you and learn more about the facts surrounding your situation.
The mere fact that you make more or less... Read more »
I have two kids a 13son and 15year old daughter . I have been divorced from my ex-husband for 10 years we have been to court just about every year since we have divorced. We just got out of court October 29,2020. He has been trying to take my kids from me for years and now he called CPS and I... Read more »
If you sitll need help go to my website to look at an estimate of costs and to schedule a consultation. www.blacknallfirm.com.
My husband and his ex wife’s divorce/child support order was through Missouri. Neither party lives in that state any longer. She just modified the amount through Missouri while living in Alabama does that need to change to her current state or does it matter?
Thanks for your question! I am not familiar with Missouri laws, but generally, a court retains jurisdiction until it is either lost or transferred. Thus, it is possible for your husband's ex-wife to modify the amount of child support even though she lives in Alabama. Hope that helps!... Read more »
Thank you for your question and I hope you're staying safe and well during this weather! I would suggest that you contact a local attorney in your area so that the attorney can learn more information about your current situation.
If there has been a final divorce decree and there is a... Read more »
We share financial responsibility. His father just happened to live across the street from the school.
Hello, thanks for your question and I hope you're staying safe in this weather! More information would be needed to best answer your question.
I would recommend that you reach out to a local attorney in your area so that the attorney can have a chance to ask you questions, examine the... Read more »
Thank you for your question! I would suggest that you hire a local attorney so that the attorney can best advise you as to how to proceed and what effect terminating your parental rights would be.
Generally speaking, even if a judge did approve the termination of your parental rights, you... Read more »
He has 2 other children he currently pays child support for and has sent me text messages saying if I do take him to child support he will make sure I look like a bad person to the point that I lose my job. I feel like he just doesn't want the financial responsibility.
Hello, thanks for your question!
I would suggest that you hire a local attorney in your area who will be best able to understand your situation and the facts and able to represent you.
A judge has to make the final say on whether a parent may voluntarily terminate their parental... Read more »
First off, congratulations on your pregnancy!
I would suggest that you hire a family law attorney so the attorney can represent your interests and better understand your situation. The mere fact that you are pregnant with twins would not generally be a reason for a judge to award 50-50 custody.
insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »
Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... Read more »
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